Legal Opinion

Bailey v. First Federal Savings & Loan Ass'n of Ottawa

District Court, C.D. Illinois

Decided April 11, 1979No. 78-1272PublishedCited by 27 opinions

1Opinion of the Court

DECISION AND ORDER ON MOTIONS

ROBERT D. MORGAN, Chief Judge.

Plaintiff originally filed this action in the Circuit Court of Bureau County, Illinois, seeking a declaration that “due-on-sale” clauses in two mortgage deeds executed by himself and the defendant Association are unconstitutional restraints on alienation and are against the public policy of the State of Illinois. He also seeks an injunction against any foreclosure actions as a result of a certain conveyance of the property subject to the mortgages.

Defendant removed the case to this court, after grant of a state court temporary…

2Cases cited8 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  3. Avco Corp. v. Aero Lodge No. 735, International Ass'n of MacHinists & Aerospace WorkersSupreme Court of the United States · 1968
  4. Avco Corporation v. Aero Lodge No. 735, International Association of MacHinists and AerospaceworkersCourt of Appeals for the Sixth Circuit · 1967
  5. Rettig v. Arlington Heights Federal Savings & Loan Ass'nDistrict Court, N.D. Illinois · 1975

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3Cited by27 opinions

  1. Salveson v. Western States Bankcard Ass'nDistrict Court, N.D. California · 1981
  2. Trent Realty Associates v. First Federal Savings And Loan Association Of PhiladelphiaCourt of Appeals for the First Circuit · 1981
  3. Holiday Acres No. 3 v. Midwest Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1981
  4. Williams v. First Federal Savings & Loan Ass'n of ArlingtonCourt of Appeals for the Fourth Circuit · 1981
  5. Abrego v. United Peoples Federal Savings & Loan Ass'nSupreme Court of Arkansas · 1984

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